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I am trying to efile for voluntary administration as executor of my mother's will. Need to select either court action proceeding relief or court action non proceeding relief
answered on May 6, 2020
You cannot open a new matter in NYS courts yet. Thus, you cannot efile for a new voluntary administration under the procedure started this week.
This news had been kept from me since 2010. The terms of the IRA (part of the trust) have been changed. The terms of an irrevocable trust have also been changed. The family attorney (Welch & Zink, of Corning, NY) no longer represents the family in favor of ". . . a close friendship with... View More 
answered on May 5, 2020
This is not a family law question, it should be posted in the trusts and estates section. In addition, you should discuss that any lawyer the issue of the "family" attorney who now only represents your brother as there may be a conflict depending on the circumstances and facts.
When an intestate estate is closed insolvent after tens of thousands of dollars were left to a sole heir-in-law in long-standing beneficiary accounts (>5 years old), and debts of up to a few thousand dollars were left unpaid, is there any way such creditors (possibly including Medicaid) would be... View More
answered on May 1, 2020
Your question has an inconsistency which makes it unclear. An estate is not "closed" insolvent if payments were made to beneficiaries. Further, "closed" is a formal term, meaning a final decree from the Surrogate. Do you have that? Medicaid can claw back if they made a... View More
John sold the entire stamp collection to a museum. The will was not altered to reflect the change in ownership.
answered on Apr 28, 2020
It doesn't matter that the will wasn't changed, the will is effective as the date of death as to what is in John's possession at that time. Since the stamps were no longer John's for whatever reason, the bequest is like it never was.
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answered on Apr 27, 2020
If they were still legally married, he has all rights of a married spouse unless there is an agreement between them waiving those rights. That might include a prenuptial or separation agreement.
I heard we could maybe do a prenuptial agreement despite already being married that would protect her from my personal debt should I die. Or perhaps there is some kind of trust that would protect her from creditors should I pass away? I was thinking about insurance but I have a severe heart... View More
answered on Apr 27, 2020
As long as her assets are in her name, there is no problem. If the assets are joint, now might be the time to move assets to her name. Depending upon the debt amount and how your assets are held, bankruptcy is an option for you. A trust can work, but the value of a trust depends upon the kind... View More
family album pictures saved over the years are now in possession of nieces and nephews. as the sole survivor of my family, do I have a legal right to these pictures, many of which I have only a memory about. And if so, what could I do to get them back? Included from memory are pictures of my... View More
answered on Apr 26, 2020
The question is who had the pictures originally. If it was your parents then you may be entitled to them, if the pictures were in someone else's possession and was given by them to the nieces & nephews then you have no claim. The best thing to do is ask for copies of the pictures be made for you.
Can I file his taxes or should I leave it alone? Is it legal for me to do it since he is married. He never gave consent for any specific individual to file taxes as we were in the process of doing so while he was diagnosed with cancer. Rapid divorce was not as rapid as his diagnosis unfortunately... View More
answered on Apr 20, 2020
Only his estate representative can file his taxes. The wife is due the first $50,000 of his estate unless he had a will, so unless the refund is more and there are other assets, there is no need to do it.
We live on the 8th floor. Right next to our building is another building which has 6 floors and cell phone towers on the roof. One of the antennas is shooting right next into our apartment (its right across our windows, less than 50 yards). First we didn't pay attention to it but then we... View More
answered on Apr 15, 2020
An attorney couldn't comment meaningfully on this data. An electrical engineer, microwave engineer, health professional, or other professionals familiar this field would be in a better position to have insight into this. Good luck
Tim Akpinar
We thought the trust was done weeks before but it wasn’t. The lawyer handling it or boggling it said no title company would insure the property thus creating a big problem
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answered on Apr 10, 2020
There probably will be issues. More information is needed to properly assess.
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answered on Mar 14, 2020
If you put property in an LLC where you are the only member, Medicaid would consider it your property. LLCs are useful for business purposes and limit liability.
An irrevocable trust transfers property out of your control. A properly prepared irrevocable trust can provide income to you... View More
His only brother died before him a week ago and left my uncle his property and assets. All his siblings are dead. Niece and nephew, the only surviving children of his siblings, want to know who has right to assets. The niece took care of my uncle prior to his death and has her name on his bank... View More
answered on Mar 13, 2020
This is an estate question not Family Law. There are many variables here. One question is who passed first your uncle or his brother. If uncle died first his brother's estate may not come to your uncle - it depends on what the will says. In most cases, it would provide that if uncle died... View More
he has no will. can my sister make a claim to his estate
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answered on Mar 10, 2020
No. Your sister has no legal claim under NY law.
My father's eldest and last surviving brother, passed away in December of 2016, leaving behind a property & bank accounts, which have gone unclaimed. I helped my Dad find a Lawyer who, was paid a retainer of nearly $3000 but, did nothing for which he was paid -- in fact, he has ignored my... View More
answered on Mar 8, 2020
As a first step, you could contact an attorney in Puerto Rico who handles Estate Matters. You could also repost your question under Puerto Rico (follow the link that says "Show More States.") There are attorneys who practice in Puerto Rico who are active on this Q & A board. You could... View More
Irrevocable trust was funded with assets 6 years ago.
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answered on Mar 1, 2020
If he was a resident of Puerto Rico and left a Will, it will need to be probated in Puerto Rico. If he left it to you some other way there may be other ways to deal with it.
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answered on Feb 28, 2020
Real estate is transferred using a document of conveyance called a deed. However, there are a variety of types of deeds, and the choice is not always obvious. I do not ever recommend using quitclaim deeds because of issues with insurability. That leaves possibly a warranty deed or a special... View More
Or married but separated on the death certificate worksheet ?
answered on Feb 27, 2020
Your kids pay no estate tax. Your exemption will more than cover $850,000.
We where never married, we had 2 children together. He has other kids from 2 different women. One never allowed him to see his child but is claiming money
answered on Feb 20, 2020
If he owned the property he must have a deed. I assume you mean he does not have a will. Was he married at the time of his death? An estate action must be filed for intestate succession to determine the inheritence rights. Depending upon where he died, someone need to file the papers there and in... View More
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